The procedure in New South Wales can be complicated. However, in Hayne's case it's about as straight-forward as investigation, arrest, and bail can get. Below is an outline of what has happened to Hayne so far:
- Police investigated Hayne's alleged offence and made a decision to prosecute.
- Police arrested Hayne without warrant.
- Hayne may now be subject to investigative procedures such as interviews, identity parades, collection of DNA, etc.
- Court attendance notice issued and/or served (not sure which in his situation) to Hayne.
- Hayne granted bail, conditions met, and he was released.
- Hayne now appears at Burwood Local Court on Monday 10 December 2018 to answer allegation.
The interesting issue in Hayne's case is the offence he is being prosecuted for is an indictable offence (and as such should be heard before a superior court (i.e., the District or Supreme Court)). If a prosecutor believes that Hayne is likely to serve more than two years' imprisonment he or she will elect to have the matter tried on indictment in the District (or Supreme) Court. As the prosecutor has elected to have the matter heard before a Local Court (where a magistrate, generally, cannot impose a penalty of more than two years' imprisonment) tells me that Hayne will likely plead guilty to a lesser offence and not serve a custodial sentence.
Long story longer: In my opinion Hayne won't do time and won't be convicted of aggravated sexual assault but may be convicted of a lesser offence.
I could be wrong.
